D'Alessandro v North End Tiling Pty Ltd

CITATION: D’Alessandro v North End Tiling Pty Ltd  [2016] QCATA 64

PARTIES:	Shane D’Alessandro t/as Mediterranean Pools (Applicant/Appellant)
v
North End Tiling Pty Ltd (Respondent)

APPLICATION NUMBER: APL500 -15

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member Stilgoe OAM

DELIVERED ON: 2 March 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    Leave to appeal refused

CATCHWORDS:

APPEAL – LEAVE TO APPEAL - MINOR CIVIL DISPUTE – MINOR DEBT - where contracts for tiling – where contracts oral or by text message – where identity of contracting party raised as a response – where tribunal found respondent personally liable - whether grounds for leave to appeal

APPEAL – LEAVE TO APPEAL - MINOR CIVIL DISPUTE – PROCEDURE – where respondent had written submissions – where respondent asked tribunal if he should hand up written submissions – where tribunal asked respondent if he had covered all of the contents of the submissions – where respondent told the tribunal he had covered all of the contents of his submissions - where tribunal did not take written submissions – whether tribunal erred – whether grounds for leave to appeal

Fish v Kempton (1849) 7 C.B. 687
Siu v Eastern Insurance Co Ltd [1994] 2 AC 199
Dearman v Dearman (1908) 7 CLR 549
R v Brown [1912] HCA 6
Fox v Percy (2003) 214 CLR 118
Pickering v McArthur [2005] QCA 294
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404
Chambers v Jobling (1986) 7 NSWLR 1

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. North End Tiling Pty Ltd contracted to do tiling work for “Shane” from Mediterranean Pools. “Shane” was Shane D’Alessandro. Mr D’Alessandro engaged North End either verbally or by text message. North End did the work and rendered invoices to “Shane Mediterranean Poolz”. Many invoices were not paid so North End filed a claim in the tribunal. The tribunal ordered Mr D’Alessandro pay North End $22,208.15.

2. Mr D’Alessandro wants to appeal that decision. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] Leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that error.[2]

   [1]QCAT Act, s 142(3)(a)(i).

   [2]Pickering v McArthur [2005] QCA 294 at [3].

3. Mr D’Alessandro says that he was always contracting on behalf of a company, Mediterranean Pools Pty Ltd up to 5 February 2014 and Mediterranean Pools & Spas Qld Pty Ltd from 4 February to date. He says the tribunal erred in failing to allow him to hand up his submissions at the hearing. He says the tribunal erred in finding that North End contracted with him directly and not the company. He…